County Court claim legalseagulls

[glendale]

HI

Just received a cc claim for just under £3000 -Hoist portfolio holdings ,address for sending docs is --Howard Cohen and co .
This is a claim from a credit card with Santander ,I am at the moment waiting for a reply to a cca request from dca which I sent 3 days ago . Not really sure on what to do next .

Thanks for your help .

[nemesis45]

Re: County Court claim

Hi, A CCA request allows 12 + 2 working days to comply.

Please give some history off the debt.
Are you aware of this debt?
Have you received any correspondence prior to the Claim.
When was the account opened?
When was the account defaulted.
When did you cease payments?

nem

[FlamingParrot]

Re: County Court claim

Just received a cc claim for just under £3000 -Hoist portfolio holdings ,address for sending docs is --Howard Cohen and co .
This is a claim from a credit card with Santander ,I am at the moment waiting for a reply to a cca request from dca which I sent 3 days ago . Not really sure on what to do next .

Your first step should be to acknowledge the claim and state you will be defending in full. You need to do this within 14 days. Below are the steps to take:

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you have already sent a CCA request then you don't need to repeat that step, as you can't send a fresh request if you've sent one in the past 30 days. However, you should still send the CPR request (no fee required for that one).

[FlamingParrot]

Re: County Court claim

Just received a cc claim for just under £3000 -Hoist portfolio holdings ,address for sending docs is --Howard Cohen and co .
This is a claim from a credit card with Santander ,I am at the moment waiting for a reply to a cca request from dca which I sent 3 days ago . Not really sure on what to do next.

There was a well known case where Howard Cohen LOST when representing Santader on a credit card claim that was unenforceable. :bounce: This was the case: https://paulatwatsonssolicitors.word...nder-v-mayhew/

Obviously it all depends on the history of the account. In that case, it was a storecard turned credit card which Santander bought, however, it should give you some encouragement to see them lose with co$t$ again$t them. :grin: What sort of card was yours to start with? Was it always a Santander card?

[glendale]

Re: County Court claim

Thanks - as far as I remember just an ordinary CC ,will dig out more details later and post .
Really do without this atm, having enough bad times with illness in family .

Thanks .

[FlamingParrot]

Re: County Court claim

Thanks - as far as I remember just an ordinary CC ,will dig out more details later and post .
Really do without this atm, having enough bad times with illness in family .

Thanks .

Sorry to hear about that, however, there is hope with this, and the more we know about it the better. :thumb:

Two bits of info are the most important to start with:

1. When did you take out the card, was it before April 2007? and
2. When did you last make a payment?

[glendale]

Re: County Court claim

Hi
I believe card was took out before 2007 ,last payments were early 2011.
Hoist Portfolio was assigned the debt last Oct and they appointed Robinson Way to manage the acc .

Hope that helps .

Thanks .

[FlamingParrot]

Re: County Court claim

Hi
I believe card was took out before 2007 ,last payments were early 2011.
Hoist Portfolio was assigned the debt last Oct and they appointed Robinson Way to manage the acc .

OK so it's not statute barred yet but being pre-2007 you have a much better chance of this being unenforceable if they cannot show there was a properly executed agreement containing all the prescribed terms to start with. :grin:

[glendale]

Re: County Court claim

Thanks for your help ,just to clarify , ,now in the process of sending a CPR request .
This is what I sent to Robinson Way the other day with a £1 po.


With reference to the above agreement, I would be gratefulif you would send me a copy of this credit agreement.
I understand thatunder the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive alegible copy of my credit agreement on request. I enclose a payment of £1.00which represents the fee payable under the Consumer Credit Act.
I understand a copyof our credit agreement should be supplied within 12 working days.
The creditor under a regulated agreement for running-accountcredit, within the prescribed period after receiving a request in writing tothat effect from the debtor and payment of a fee of [£1], shall give the debtora copy of the executed agreement (if any) and of any other document referred toin it, together with a statement signed by or on behalf of the creditorshowing, according to the information to which it is practicable for him torefer,—

(a)
the state of the account, and
(b)
the amount, if any currently payable under the agreement by thedebtor to the creditor, and
(c)
the amounts and due dates of any payments which, if thedebtor does not draw further on the account, will later become payable underthe agreement by the debtor to the creditor
I look forward tohearing from you.
NAME

[FlamingParrot]

Re: County Court claim

You're getting there! :thumb:

As the letter says, they have to respond in 12 working days (2 extra are allowed for service) but I have yet to see a claimant who complies! There is no need to chase the CCA request above.

As for the CPR request, only those documents mentioned on the particulars of claim should be requested. There's no fee payable and they should respond in 7 days. You do have to chase up that one when the time comes. :clock:

[glendale]

Re: County Court claim

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

Done.

[glendale]

Re: County Court claim

Heard nothing yet - quick question -I can't recall if I made PO payable to them or I left blank ,will it matter .

Thanks .

[nemesis45]

Re: County Court claim

Shouldn't be a problem.

nem

[glendale]

Re: County Court claim

Thanks Nem-for future note what would be the best option ?

[nemesis45]

Re: County Court claim

On payments always use a cheque or PO made payable to the company to which you are making the request.
Endorsed " For Statutory Fee Only" and keep a copy.

nem